Last Revised: February 9h, 2015
Or Consulting (“Owner” or “we”) welcomes you to the website at the address [www.onefantasticshop.com] (the “Site”). The Site is a venue enabling you to view, link to purchase and/or socially interact on and/or through the Site in connection with such cutting edge products, gadgets and utilities available on the Site and through third-party seller platforms and/or websites from time to time (the “Service”, “Products” and “Sellers”, respectively), as detailed below (the “Software”). The Site, Software and the Service shall be collectively and severally referred to hereinafter as the “Platform”. The users of the Platform (“User” or “you”) are invited to use the Platform in accordance with these terms and conditions.
Acceptance of the Terms
IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE PLATFORM AND DO NOT ACCESS OR USE THE SITE.
The Terms may be revised and updated from time to time, with or without any notice to you. Owner shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. Owner urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: www.onefantasticshop.com.
By accessing the Site, linking to the Site, downloading or using the Software and/or using the Service and/or the Platform, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Owner and any person accessing, linking to, or using the Site and/or the Service.
Description of the Service
The Platform enables Users to post, offer for sale and/or rent, buy, and/or trade products and/or services thereon (the “User Activity” and “Products”, respectively). The Service is provided to registered Users only (see Section 4 below). Owner shall make the Platform available from time to time and in its sole discretion. It is clarified that the Products shall be available on and via the Platform in as much as such Products are available and/or uninterrupted on the respective Seller and assuming the availability of the Platform. Owner explicitly states, and you hereby irrevocably acknowledge, agree and confirm that no representation or guaranty of any kind is given with regards to the availability of the Platform and/or of any Products or suitability thereof for any particular use.
Registration to the Platform is free (see Section 4 below). However, we do charge fees for certain services in the manner and rates as Owner shall decide, at its sole discretion, from time to time. Such fees are collected by Owner from the total purchase amount at Checkout and at the time such sums are processed for payment to the relevant Sellers. Each time you use the Platform and/or enter into a transaction with a Seller, which transaction includes a fee, you will be able to review and confirm the fees applicable to you/such transaction. Fees may be determined by Owner on a case by case basis and thus may change from time to time. For example, but without limitation, we may choose to temporarily change the fees for our services for promotional events (either specifically or generally) or new services or products, and such changes are effective when we post the temporary promotional event or new service on the Platform. Fees are collected by Owner through either wire transfer (details and instructions may be found upon checkout and process payment) or through PayPal and are non-refundable under any circumstance, subject, or course, to PayPal’s terms of service in effect at the time of the transaction. PLEASE NOTE: All orders will be processed only following full payment of the price of the purchased item/services. If you elect to process payment via wire transfer, such wire must be made within ten (10) days following the initial checkout process/reservation in order for us to process and place your order; otherwise, such reservation will be removed from our systems and reservation logs. You hereby undertake and represent to Owner that you are responsible for paying all fees and applicable taxes associated with your use of the Platform. In the event that we remove a Seller Product from the Platform for any and all reasons, all fees due to the Owner will be non-refundable, unless Owner, under its sole discretion, determines that a refund is appropriate.
In order to fully use the Platform, you must obtain an account (the “Account”), complete the registration and Account setup processes (collectively, the “Registration”), and become a member of the Platform. Registration to and use of the Platform is entirely free of charge. You may become a User on the Platform in either one of two easy options.
There are certain conducts which are strictly prohibited. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your Account and may expose you to civil and/or criminal liability under any applicable jurisdiction.
You may not, whether by yourself or anyone on your behalf:
- Use the Site and/or the Platform in any form of spam or unsolicited mail or similar conduct.
- Use the Platform if you reside in a jurisdiction where your use of the Platform may be illegal or otherwise prohibited. You hereby represent and warrant to the Owner that you (or your competent legal custodian, as applicable) shall be fully responsible and liable to determine whether your use of the Platform is lawful, and your compliance with all applicable laws and terms.
- Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Site and/or the Platform in any way;
- Create a browser, frame, border environment or GUI around the Site, the Services and/or the Platform;
- Interfere with or disrupt the operation of the Site and/or the Platform or the servers or networks that host the Site and/or the Platform, or disobey any laws or regulations or requirements, procedures, policies, or regulations of or pertaining to such servers or networks;
- you will not post or upload any content which is harmful or calls for harmful actions to you and/or others or which are dangerous to your and/or anyone else’s health, well-being or life, whether certain, potential or unexpected;
- Do not stalk, threaten, harass, invade the privacy, or the reveal other Users’ personal information; We also condemn any hateful expression such as attacking, demonizing or demeaning anyone for any reason, whether based on age, racial or ethnic origin, religion, disability, gender and/or sexual orientation.
- Interfere with or violate Users’ rights to privacy and other rights, or harvest or collect data and information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or any other retrieval application or automatic device, process or method to access the Site and/or retrieve index and/or data-mine information;
- Impersonate any person or entity or provide false information;
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Owner endorses you, your website, your business or any statement you make, or present false information about the Owner, the Site and/or the Platform;
- Copy, share, post, modify, translate, license or sublicense, distribute, publish, broadcast, transmit, perform, display, sell, deep-link or disseminate any part of the Platform and/or any information and content related thereto, or to another recipient or otherwise use such content for any purpose, other than as otherwise expressly made available by the Owner from time to time;
- Transmit, distribute, display or otherwise make available through or in connection with the Site and/or the Platform any content, including User Generated Content, which may infringe third party rights, including Intellectual Property Rights, publicity, privacy and/or copy rights, or which may contain any unlawful content;.
- Use the Site and/or the Platform for any illegal, unlawful or unauthorized purposes;
- Take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our Platform infrastructure;
- Bypass any measures we may use to prevent or restrict access to the Platform and/or any part thereof;
- Do not post adult, illegal, rude, abusive, improper, copyright protected, scam, spam, hacking, phishing, or violent content;
- Do not use the Platform or Site for any commercial purposes not expressly allowed by us in a written form;
- Do not encourage illegal or irresponsible consumptions of prohibited or inappropriate materials such as alcohol, pornography, tobacco, drugs and the like.
Intellectual Property Rights
The Site, the Services, the Platform and any and all Intellectual Property rights pertaining thereto (other than User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, “Intellectual Property Rights”), are fully owned or licensed to the Owner and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. Notwithstanding the above, certain third party content is made available or displayed on or through the Platform. The Software, Services and/or the Site may be owned by third parties. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property Rights pertaining to the Site, the Services or the Platform.
The Products, all text, information, images, audio, video, look and feel and other materials provided therein remain, at all time, the valuable intellectual property of their respective Sellers and are made available on or through the Platform solely for your own personal, non-commercial, lawful, good faith use. You hereby undertake to comply with all relevant Intellectual Property Rights notices, information and restrictions contained in or provided with respect to any such Products and/or content provided in connection therewith. Nothing contained on or through the site shall be construed to grant you in any way, including without limitation by implication or estoppel, any license, title and/or other Intellectual Property Right to use any of the content presented on or through the Platform, including without limitation Seller’s Products, logos, marks, copyrighted materials and any and all information and content related thereto. Sellers’ Rights in and to their respective Products is fully reserved to such Sellers in the same way and manner as Owner’s rights in and to the Platform or any part thereof as described herein, and each Seller remains at all times fully and solely liable to you in connection with its Products.
User Generated Content
8.1. The Platform may allow you to link to, post, publish and make available through it, your own copyright-able materials such as comments, reviews and other proprietary materials (the “User Generated Content”). As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material in any way. You represent and warrant that you have (and will continue to have) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Platform to use your User Generated Content (as such rights are granted under the terms applicable thereto – see Section 10). You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Owner to use or possess in connection with the Site, the Services and/or the Platform. Owner explicitly reserves the right to remove any User Generated Content and/or Product from the Platform, with or without a prior notice, at its sole discretion.
8.2. When you upload, post, publish or make available User Generated Content on the Site or use such User Generated Content via the Platform, you (i) grant the Owner an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license, to use, reproduce, distribute, transmit, prepare derivative works of, display, make available to the public by use of databases, such as user suggestions databases, and perform that User Generated Content in connection with the Site and/or Platform, whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and/or which will be developed in the future; and (ii) irrevocably waive your moral rights with respect to your User Generated Content, in connection with our use of such User Generated Content as described hereunder.
USER REPRESENTATIONS AND UNDERTAKINGS
9.1. As a condition for your use of the Site, you hereby represent and warrant that:
- You Possess The Legal Authority And Capacity To Enter Into These Terms And To Form A Binding Agreement Under Any Applicable Law, To Use The Site, The Services And The Platform In Accordance With These Terms, And To Fully Perform Your Obligations Hereunder;
- The Execution Of The Terms Does Not And Will Not Violate Any Other Agreement To Which You Are Bound Or Any Law, Rule, Regulation, Order Or Judgment To Which You Are Subject; And
- You Are Solely Responsible For Your Interactions With Other Users And/Or Sellers On The Platform And/Or Any Other Parties With Whom You Interact On Or Through The Platform And/Or In Connection With Any Product, And/Or With Any Seller On Or Through The Platform. Owner Reserves The Right, But Has No Obligation, To Become Involved In Any Way It Deems Fit, Under Its Sole Discretion, In Case Of Disputes.
- You Shall Not Infringe Or Violate Any Of The Terms.
- You Will Safeguard Your Account Information And Will Supervise And Be Completely Responsible For Any Use Of Your Account.
9.2. You acknowledge and agree that:
- Owner May Remove Any User Generated Content, Products And/Or Discontinue Your Use Of The Platform Or Any Part Thereof With Or Without Any Reason, With Or Without Notice To You - All, At Owner’s Sole And Exclusive Discretion;
- Owner May Integrate Commercials And Advertisements, Whether Within Or Beside The Site, The Services Or The Platform. All The Information Contained In Such Commercials And Advertisements Belongs Solely To The Advertisers And The Owner Makes No Warranties Or Representations As To Such Advertisements, Whether Or Not The Owner Has Control Over Such Advertisements. The Owner, Advertisers And/Or Third-Parties Related Thereto May Be Entitled To Certain Shares Of The Earnings For Such Commercials. You Agree, Acknowledge And Consent That You Will Not Be Entitled To Any Compensation Of Any Kind Whatsoever With Respect To Such Monetary Amounts.
Trademarks and Trade names
“onefantasticshop”, “One Fantastic Shop”, “www.onefantasticshop.com”, “Or Consulting”, Owner’s logo(s) and all other proprietary identifiers held by the Owner in connection with the Site, Service and Platform (“Owner Trademarks”) are all trademarks and/or trade names of the Owner, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or through the Site, Services and/or Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Owner Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Owner Trademarks or the Third Party Marks.
Links to Third Party Websites
DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, SOFTWARE AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY CONTENT, PRODUCT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OWNER DOES NOT WARRANT THAT THE SITE AND/OR THE SOFTWARE AND/OR THE PLATFORM AND/OR ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. OWNER MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AND/OR THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM AT ANY TIME, OR DISCONTINUE DISPLAYING WEBPAGES AND ANY CONTENT WITHOUT A NOTICE TO YOU. OWNER MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SITE AND/OR THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM AND/OR ANY PRODUCT OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SITE AND/OR THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL.
OWNER HEREBY FURTHER DISCLAIMS ANY AND ALL LIABILITIES, LOSSES (INCLUDING LOST PROFITS, EXPENSES AND/OR ANY OTHER CHARGES PAYABLE BY YOU) IN CONNECTION WITH ANY OF THE PRODUCTS MADE AVAILABLE ON OR THROUGH THE PLATFORM. UPON ACCEPTING THESE TERMS, YOU CONFIRM, AGREE, REPRESENT AND WARRANT TO OWNER THAT (I) YOU UNDERSTAND THE WEBSITE IS OFFERED MERELY AS A VENUE; (II) OWNER DOES NOT ENDORSE ANY OF THE PRODUCTS MADE AVAILABLE ON OR THROUGH THE PLATFORM; AND (III) YOU HEREBY WAIVE AND RELEASE OWNER AND ANY THIRD PARTY ON ITS BEHALF FROM AND AGAISNT ANY CLAIMS, DEMANDES, DAMAGES, EXPENSES AND/OR LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY WHEREOF) IN CONNECTION WITH THE PRODUCTS; AND (IV) YOU UNDERSTAND YOUR SOLE AND EXCLUSIVE REMEDY IS FROM THE RELEVANT SELLER.
WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, OWNER HEREBY EXPRESSLY DISCLAIMS AND YOU HEREBY IRREVOCABLY ACCEPT SUCH DISLAIMER OF ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE USE OF THE SITE AND/OR THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SOFTWARE AND/OR THE SERVICES AND/OR THE PLATFORM, ANY PRODUCT AND/OR THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED ON OR THROUGH THE SITE, THE SERVICES AND/OR PLATFORM. OWNER DOES NOT ENDORSE ANY USER, SELLER, WEBSITE, OR PRODUCT MENTIONED IN ANY PART ON THE PLATFORM.
13. LIMITATION OF LIABILITY
YOU HEREBY ACKNOWLEDGE AND AGREE THAT OWNER OPERATES THE PLATFORM AS A MERE VENUE. THE USE OF THE SITE AND THE PLATFORM IS SOLELY AT YOUR OWN RISK. BY USING THE PLATFORM OR ANY PART THEROF, INCLUDING WITHOUT LIMITATION ENTERIN INTO ANY TRANSACTION ON OR THROUGH THE PLATFORM, YOU AGREE, CONFIRM AND WARRANT TO OWNER THAT ALL PRODUCTS MADE AVAILABLE ON THE PLATFORM WILL BE PURCHASED BY YOU AT YOUR OWN RISK AND WITH NO LIABILITY OF ANY KIND OR UNDER ANY THEORY OF LAW OR EQUITY, ON THE OWNER AND YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT YOU MAY DEEM YOURSELF TO HAVE UNDER ANY APPLICABLE LAW IN CONNECTION THEREWITH.
IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS AND/OR DEFAMATORY, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE PLATFORM, OR THE USE OR INABILITY TO USE THE SITE AND/OR THE PLATFORM, REGARDLESS OF WHETHER THE OWNER OR AN AUTHORIZED REPRESENTATIVE OF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF TWENTY US DOLLARS ($20). OWNER HEREBY FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO THE USE BY ANY THIRD-PARTY OF ANY OF THE INFORMATION, WHETHER PERSONAL OR OTHER, YOU HAVE MADE PUBLICALLY AVAILABLE ON OR THROUGH THE PLATFORM.
You agree to defend, indemnify and hold harmless the Owner, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site, the Services and/or Platform; (ii) your violation of any term of theseTerms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
The Owner respects the intellectual property rights of others. However, the Service includes many Products and information provided from other Users and the Sellers. Owner cannot and does not monitor or review every item made available on or through the Platform and/or any source thereof, including any and all Products, User Generated Content and content, information and Intellectual Property Rights related thereto.
If you, as either User or Seller, believe that your work has been copied or otherwise used in a way on the Platform that constitutes copyright infringement, please provide the following information in writing to the Owner’s Copyright Agent: (i) the contact details of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Owner to locate the material; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
The Owner’s Copyright Agent can be reached through the following address:
16.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
16.2. Any claim relating to the Site and/or the Platform or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
16.3. Any dispute arising out of or related to your use of the Site and/or the Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
16.4. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
16.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
16.6. These Terms constitutes the entire terms and conditions between you and the Owner relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Owner.
- For information or questions please contact: firstname.lastname@example.org